Supplementary information to the 2018-19 Departmental Plan
Raison d'être
The position of the Communications Security Establishment Commissioner was created to review the activities of the Communications Security Establishment (CSE) to determine whether it performs its duties and functions in accordance with the laws of Canada. This includes having due regard for the privacy of Canadians. The Commissioner's office exists to support the Commissioner in the effective discharge of his legislated mandate.
The office is a micro-agency. The Commissioner is supported by 11 full-time employees (the Executive Director, seven program officers, a combination of legal and review staff, and three internal services staff). Subject matter experts are engaged from time to time to assist the Commissioner in discharging the core responsibilities of both the review program and internal services.
Mandate and role
- The National Defence Act and the Security of Information Act establish the mandate of the Commissioner;
- Assists the Minister of National Defence discharge his responsibility to Parliament for CSE by providing assurance or recommendation(s) regarding compliance and privacy protection;
- Helps strengthen accountability and transparency of CSE; and
- Helps ensure CSE complies with the law and that it protects the privacy of Canadians.
The mandate of the Commissioner is set out under Part V.1 the National Defence Act (NDA):
- to review the activities of the CSE to ensure they comply with the law;
- in response to a complaint, to undertake any investigation that the Commissioner considers necessary; and
- to inform the Minister of National Defence and the Attorney General of Canada of any activity of the Communications Security Establishment that the Commissioner believes may not be in compliance with the law.
The Commissioner is also required to submit an annual report to the Minister, for tabling in Parliament, on the Commissioner's activities and findings within 90 days after the end of each fiscal year. He is also required to review and report to the Minister as to whether the activities carried out under a ministerial authorization are authorized.
The mandate is further defined under Section 15 of the Security of Information Act which requires the Commissioner to receive information from persons who are permanently bound to secrecy and who seek to defend the release of classified information about the Communications Security Establishment on the grounds that it is in the public interest.
Operating context and key risks
- Ongoing responsibility to review the activities of the CSE to ensure they comply with the law
- Loss of public trust
- Anticipated implementation of Bill C-59
Operating context
The core responsibility for the Commissioner's review program remains unchanged – to examine CSE activities to determine whether or not it performs its duties and functions in accordance with the laws of Canada. The priorities of the office remain unchanged from the previous year – improve the effectiveness and efficiency of the review program, increase transparency and maintain public trust. The funding available for the program is unchanged and has remained more or less constant over the past several years. For the office, it is business as usual.
Key risks
Maintaining an effective working relationship with CSE
The overall success of the review program depends to a large degree on the effectiveness of the relationship between the office and CSE. CSE operations and technologies change and adapt to the ongoing changes in technology and the threat environment. The challenge to the office and its review program is to keep pace. In a relationship built up over time, based on a mutual respect of each other's mandate and responsibilities, certain practices have been established that support the review program and help ensure its effectiveness:
- office review staff participate in CSE training programs;
- new CSE employees are briefed on the Commissioner's role and responsibilities;
- CSE, to help the office keep abreast of change, provides a wealth of information to the office through meetings and briefings – plans and priorities, descriptions of its programs, legal, technological and operational issues of significance, and the classified annual report to the Minister from the Chief of CSE on issues and priorities. The analysis of this information, coupled with the results of previous reviews, contributes to the identification of review priorities; and
- the office provides terms of reference at the start of each review that set out the methodology/approach and provide opportunity throughout the review for validation and confirmation of findings.
Loss of public trust
The work of CSE is to provide and protect information of national interest and in so doing protect Canadians at home and abroad from threats to their security, stability and economic prosperity. The office of the CSE Commissioner is part of the accountability framework related to national security and performs independent, comprehensive and rigorous review of the activities of CSE for compliance with the law and the protection of the privacy of Canadians. The office will continue to expand the disclosure of review activities and their results. In so doing, the office will help to provide assurance to the public that security and privacy considerations are being adequately addressed and this in turn will increase the confidence the public has in the work performed by CSE.
The Commissioner and his office have always been very active in contributing to the discussions and debate regarding oversight and accountability – involvement in the consultation process on national security, letters to the Minister, appearances before parliamentary committees, participation in conferences, and ongoing involvement with the Five Eyes review bodies – and will continue to build on these opportunities and to explore other opportunities as they arise.
Proposed implementation of Bill C-59
The office will continue to contribute to the assessment of Bill C-59, providing both substantive and technical proposals to parliamentary committee as well as the Ministers of Public Safety and National Defence. These efforts are aimed at improving the Bill, making it more efficient, flexible and transparent.
The Communications Security Establishment Commissioner of the Intelligence Commissioner will need to be operational from the outset. Given the proposed role of the Intelligence Commissioner, the Intelligence Commissioner will impact on certain activities of CSE and CSIS, activities that are ongoing. As a result, the office must be able to review the conclusions on the basis of which certain authorizations are issued or amended, and certain determinations are made, under the Communications Security Establishment Act and the Canadian Security Intelligence Service Act; and if those conclusions are reasonable, approving those authorizations, amendments and determinations. In order to meet this requirement, discussions are underway and will continue with both CSE and Canadian Security Intelligence Service (CSIS) to gather relevant operational data to allow the office of the Intelligence Commissioner to plan and prioritize. And work will continue in-house to develop a comprehensive approach methodology, including the determination of “reasonableness” criteria that will permit the effective discharge of the mandate of the Intelligence Commissioner.
| Risks | Risk response strategy | Link to the department's Programs | Link to mandate letter commitments or to government‑wide and departmental priorities |
|---|---|---|---|
|
Failure to an effective working relationship with CSE |
Continue to emphasize with management and staff that all reviews are to be managed and conducted with respect and understanding, and are to be based on an objective and factual approach. Provide to employees the necessary tools and systems, training, mentoring and professional support to conduct expert review. Continue the ongoing exchange of information with CSE through briefings, training and management meetings. |
Review program |
Safety and security |
|
Loss of public trust |
Continue to expand the disclosure of review activities and their results. Canadians need to be assured (and reassured) that CSE is subject to rigorous and robust review and that security and privacy considerations are being adequately addressed. The Commissioner and his office will continue to contribute to the discussions and debate regarding national security, oversight and accountability. |
Review program |
Safety and security |
|
Proposed Implementation of Bill C-59 |
The Commissioner and his office will continue to contribute to the assessment of Bill C-59, providing both substantive and technical proposals to parliamentary committee as well as the Ministers of Public Safety and National Defence. These efforts will be aimed at improving the Bill, making it more efficient, flexible and transparent. The office will continue its discussions with both CSE and CSIS to gather relevant operational data to allow the office of the Intelligence Commissioner plan and prioritize. And work will continue in-house to develop a comprehensive approach methodology, including the determination of “reasonableness” criteria that will permit the effective discharge of the mandate of the Intelligence Commissioner. |
Review program |
Safety and security |
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